AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and Detention Facilities
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A Vermont prisoner
claimed that his Fourteenth Amendment due process rights were violated
by the revocation of his furlough or conditional re-entry status. Noting
that no court has previously held that Vermont's conditional re-entry program
vests a prisoner with a constitutionally protected liberty interest, a
federal appeals court held that the defendants were entitled to qualified
immunity, as the law on the subject was not clearly established in 2005,
the date of the revocation. Ladd v. Thibault, #09-4589, 2010 U.S. App.
Lexis 24848 (Unpub. 2nd Cir.).
Prisoner on furlough from county jail was still in the county's custody, so that the county was liable for his reasonable medical expenses if he was indigent. North Brevard County Hospital District v. Brevard County Board of County Commissioners, #5D04-2178, 899 So. 2d 1200 (Fla. App. 5th Dist. 2005). [N/R]
Courts exceeded their statutory authority by granting short-term releases to three inmates in separate cases allowing them to attend to personal business, which constituted modifications of sentencing not authorized by a specific provision of state law, as did an order that a prisoner be released from custody to spend the remainder of her sentence in treatment facility. The judges arrogated to themselves the power to grant prison furloughs--a power that could only be exercised by correctional officials, improperly interfering with matters that are, "by law, entrusted to the discretion of the Department of Corrections." State of Alaska v. Felix, Nos. A-7885, A-7886, A-07887, 50 P. 3d 807 (Alaska App. 2002). [N/R]
230:20 Denial of inmate's request for furlough to visit his brother on his deathbed or to attend his brother's funeral did not violate his constitutional rights. Hipes v. Braxton, 878 F.Supp. 56 (W.D.Va. 1995).
232:54 Members of sheriff's department not liable for kidnapping and rape of woman by violent criminal given weekend pass from county jail. Lovins v. Lee, 53 F.3d 1208 (11th Cir. 1995).
Woman who was beaten, raped, and sodomized by inmate on work release could not recover damages from state when there was no prior evidence of inmate's propensity for violence and therefore no foreseeability that he would attack someone while on work release. Cox v. State, 844 S.W.2d 173 (Tenn. App. 1992).
Prisoner had no due process liberty interest in participating in furlough program and therefore was not entitled to a hearing prior to suspension from the program. Bowser v. Vose, 968 F.2d 105 (1st Cir. 1992).
Inmate had no constitutional right to attend his father's funeral unescorted by a deputy; requirement that inmate appear there in prison clothing and in leg restraints and handcuffs did not violate federal law or Florida state law. Farmer v. Crews, 804 F.Supp. 1516 (M.D. Fla. 1992).
Correctional department and officials were not liable for inmate's attempted sexual assault on store cashier while he was out on leave; decision to grant leave was discretionary and state employees are immune for injuries covered by workers' compensation, which cashier's injuries were. Barkley v. Corrections Div., 111 Or. App. 48, 825 P.2d 291 (1992).
Woman whose husband was murdered by an offender who escaped from a work furlough program can sue state for negligence, Ohio Supreme Court rules. Crawford v. Div. of Parole & com. Serv., 57 Ohio St. 3d 184, 566 N.E.2d 1233 (1991).
Inmate had no constitutionally protected right for leave to attend his stepfather's funeral. Merritt v. Broglin, 891 F.2d 169 (7th Cir. 1989).
State and prison officials not liable for furloughed prisoner's shooting of eyewitness to armed robbery. Moore v. Com., Dept. of Justice, 538 A.2d 111 (Pa. Cmwlth. 1988).
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